So, he publicly admits that he was using taxpayer dollars to engage in an unauthorized antagonistic investigation of his boss? Ummm. . .is that legal?
I think it goes deeper than this.
If I understand it as Comey relates the story, there was an open investigation of Russian collusion in the 2016 election. McCabe called Flynn to ask if he could sent over a “couple of agents” to talk with Flynn about Russia. Flynn agrees and tells the same story to the agents who then write their 302’s 7-months after the fact. Flynn is charged with “lying to the FBI”.
What’s wrong with this picture, other than everything. If the investigation was ongoing and the FBI had reasonable cause to believe Flynn lied previously, then Flynn is now a target of the investigation. He is no longer a witness. He is a “suspect”. Even rookie officers know once a person moves from a witness to a suspect, he has certain rights ala Miranda.
Sounds like McCabe tried to end-run the General’s rights by downplaying the reason for the interview. But that doesn’t absolve the agents from their obligation to Mirandize him.
I bet that’s why Sullivan wants to see the 302’s. He wants to see if Flynn was deprived of his 4th Amendment protections.
This is probably why they’ve been pushing off the sentencing. They (Mueller) know this charge wouldn’t stand judicial review if it were ever appealed. If Flynn accepts the plea agreement, he loses his appeal rights. That could be why they are recommending no jail time. Figure he’d accept and they’d be done.
If they did interview Flynn without Miranda and Flynn gave them any other information that they used in subsequent investigations, it could fall under the “fruits of the poisonous tree” doctrine. Mueller could be on some very thin ice here and is hoping to sneak one by. I think Sullivan is the wrong guy to pull this on.
We’ll see.